PARLIAMENT

Four motions to increase Judges' salaries

Speaker Chamal Rajapaksa presided when Parliament met at 1 pm yesterday. After the presentation of papers and oral questions Prime Minister D M Jayaratne moved four motions of determinations to increase salaries and allowances payable to judges of the Supreme courts

Irangika RANGE, Sandasen MARASINGHE and Disna MUDALIGE

The motions of determinations under Article 108 (1) of the Constitution that were moved by the Prime Minister suggested to increase salaries, personal allowounces, rent allowances and entertainment allowances payable to the Chief Justice, Judges of the Supreme Court, the President of the Court of Appeal and Judges of the Court of Appeal.

The motion of determination suggested to increase the salary of the Chief Justice to Rs 70,000, salaries of Justices of the Supreme Court and th President of Court of Appeal to Rs 65,000 and Justices of Court of Appeal to Rs 63,500.

Prime Minister D M Jayaratne: It is not fair to criticize judges with malicious intentions. This could create a bad image about the Judiciary.

It is not fair to protest against judgments delivered by the Courts. What is the need of the Judiciary if protests are staged?

Those who complain against Court Judgments go before the courts to solve their problems. Now the opposition members are attempting to get out of their sorry plight and they don't understand how unjust their actions are.

I request the Opposition not to distrust the functions of the Judiciary and the Police who are maintaining Law and Order.

Lakshman Kiriella (UNP): We are happy that the salary increment for the judges were done even after some delay. Most of the MPs do not know about their Parliament privileges. They have the right to speak about a judgment given by the Supreme Court or any other court. They can criticize the conduct of judges and related issue. The Parliament is a noble institution. Most of the MPs are unaware about these privileges.

It is the police that file criminal cases. Sometimes, the police is forced by the government to file these cases.

Until an individual is in good terms with the Government no matter will rise, but as soon as one falls out the Government becomes hostile. The Insurance Corporation and the Water's Edge were taken by the Government by filing cases. The Government thought that investments would steeply rise after the war. But it was not so.

The International law is not respected by the Government at times. But the same Government goes after the international law for its own gains.

There is a question whether justice prevailed at the Military Courts during the case against Sarath Fonseka. The media was not allowed to enter the Military Court

M.A. Sumnthiran (TNA): We agree with the motion to increase the salaries and the allowances of the judges of the Superior Courts.

The conduct of judges and the President cannot be discussed here without a substantive motion.

But the judgments of courts does not come under that law.

The judgments of Courts are open for fair scrutiny by the people.

Petroleum Industries Minister Susil Premajayantha: Wages and allowances of judges are decided by Parliament since the Parliament was dissolved, the proposal to increase the salary had to be presented to the new House again.

In 1988, Indian Prime Minister Rajiv Gandhi survived an assassination attempt by a Navy soldier, when he came to sign a bilateral agreement. This person was not punished by the civil law of the country.

Instead he was presented to a Military Court that comprised three judges. Then he was arrested for six years.

Even during that time, the media was not allowed to pass Welisara junction.

The conduct of a Military Court should be the same whether it is today or decades ago.

When considering the 17th and 18th amendments, it is misleading to say that the President has taken autocratic powers in appointing judges. The President is just nominating a person.

During the past, from 1978 to 2001, it was the President who appointed these judges nothing unfair had happened to the country during that time.

Vijitha Herath (DNA) Nobody can file a case against the President. Therefore the law is not equal for all.

Deputy Chairman of Committees Chandrakumar Murugesu takes the Chair:

Vijitha Herath Continues: Judges of the Supreme Court and Appeal Court are nominated by the President.

Those are people favorable to the Government. Therefore the same situation as JR Jayewardene did with Executive Powers prevail in the country today.

Court cases are piled up in both Supreme and Appeal Courts. Human rights cases can only be field in Supreme Courts. However, the appointment of Supreme Court judges are delayed. As a result many people who are deprived of human rights have to wait.

The way the law is being applied against KP and Sarath Fonseka shows that it is not equal. They are being treated differently. It is not enough to merely say that law is equal, it should be shown by practice. Media personnel are attacked by the police. The police are forced to do so.

Technology and Research Deputy Minister Lalith Dissanayake: It is not us, but JVPers who violated the law in the country during 1989 period.

It is the same people, who now shout about justice and law.

We should appreciate that increments are given for Supreme and Appeal Court judges in four aspects.

Environment Minister Anura Priyadarshana Yapa: We have been able to eliminate terrorism under the leadership of the President.

The 30-year war had jeopardized ties between the three communities. The people suffered a lot due to war.

Our military tradition comes from colonial times. After one joins the Armed Forces, he or she belong to the Military Law. If anyone is responsible for any wrongful act he or she is punished under the Military Act.

Judges are appointed to the Judiciary Commission to protect the judiciary process in this country.

Political, religious or race differences are not considered when judges are appointed. The Government always respects the independence of the judiciary.

Upcoming lawyers should be given a specialized knowledge in each sector and not only the judiciary system.

A H M Aswer (UPFA): Proper legal systems prevail in the North and East today. Fresh hopes for people have arose in the aftermath of the war.

Today the people in the North and East are moving freely in a peaceful environment where brutal terrorism prevailed for nearly three decades.

Today the JVP has forgotten the past. They do not have any right to talk about independence after jeopardizing thousands of lives. No law prevailed in the country during that period. The President in his recent visit to Vavuniya pledged a number of facilities.

Dr Jayalath Jayawardene (UNP): Any Parliament member has the right to go before the Human Rights Commission Inter Parliament Union (IPU).

I went to consolidate human rights of the members of the Opposition whose fundamental rights were violated by the Government.

The IPU is very impartial. Don't falsely accuse me to be a Tiger. If I have engaged in affairs with the LTTE, you can take me into custody.

The Government can investigate these allegations.

You should prove these accusations with evidence. As a Sinhalese, I am proud to associate with Tamils. They are like my brothers and sisters. Your allegations are baseless and wrong. The IPU has not rejected my complaints.

The IPU has already started to investigate my case in a confidential manner. No one can interfere with it.

We always stand against dictatorship. If anyone tries to violate fundamental rights of MPs, he or she has the right to go before the Human Rights Commission of the IPU.

Mohan Peiris (UPFA): This is a very important issue, increasing salaries of Judges. Today the country is heading towards development.

The international community is looking at our judiciary system.

Therefore we must have a strong and ideal system. We have not interfered in the country's Judiciary system. We are always committed in protecting fundamental rights of the people.

Sujeewa Serasinghe (UNP): In developed countries Judges and Police officers are paid good salaries to enable them to render their services. Not only the Judges of the Superior Courts, Judges in the High Courts and Lower Courts should be paid a good salary.

A H M Azwer: I am happy to note that Colombo Arch Bishop Malcolm Ranjith has been promoted as a Cardinal by the Pope.

Resettlement Minister Milroy Fernando: I express my pleasure on behalf of the Government over the promotion of Colombo Arch Bishop Malcolm Rangith to Cardinal.

John Amarathunga (UNP): I express my pleasure on behalf of the Opposition. It was a great achievement. The promotion of Colombo Arch Bhishop Malcolm Ranjith to Cardinal.

Religious Affairs and Buddhasasana Deputy Minister M K A D S Gunawardene: On behalf of the Religious Affairs and Buddhasasana Ministry I express our pleasure on Colombo Arch Bhishop Malcom Ranjith's promotion as the Cardinal.

Social Services Minister Felix Perera: It is a very important day for us today as Colombo Arch Bishop Malcolm Ranjith has been promoted as Cardinal by the Pope.

*************

HIV-AIDS awareness to North-East

The Government has expanded the awareness promotion program on HIV and AIDS to the North and East to combat the spread of AIDS, after terrorism was defeated, stated an answer,tabled at Parliament by Health Deputy Minister Mahinda Amaraweera.

The answer was tabled in response to a question raised by MP Rohana Pushpakumara.

The answer also stated that the National STD/AIDS control program conducts 29 full time clinics and 19 branch clinics throughout the island for this purpose.

The number of patients infected with AIDS in Sri Lanka is 1,249 during the period 1987 to June 30, 2010.

According to the answer 212 had died of AIDS upto date. The answer also stated that 3 patient, have contracted AIDS through blood transfusion, two were infected with AIDS through drug injection and 44 mother to child infections. IR, SM and DM

*************

Program to minimize natural damages

Landslide Hazard Zonation mapping program is conducted by the National Building Research Organization (NBRO) to collect data on disaster zones to minimize the damage caused by landslides, stated an answer tabled by Disaster Management Minister A H M Fowzie at Parliament yesterday. This program is conducted for landslide prone districts such as Nuwara Eliya, Badulla, Matale, Kandy, Ratnapura, Kegalle, Kalutara, Galle, Matara and Hambantota into the scales of 1:50,000 and 1:10,000. This program is targeted to complete by 2011. IR, SM and DM

*************

Fonseka should not be given Presidential pardon - Athauda

Justice Minister Athauda Seneviratne yesterday told Parliament that DNA Leader Sarath Fonseka should not be given a Presidential pardon.

He said Sarath Fonseka had been found guilty by a military Court and such a person should not be pardoned by the President who is the Commander in chief of Armed Forces.

Had the President known of the character of Sarath Fonseka, the latter would never have been appointed for the post of Army Commander. The Minister said that Fonseka had committed serious crimes by helping his son-in-law to profits from supplying arms to the Sri Lanka Army making use of the High office he held.

"If a Presidential pardon is given to such a criminal, then what about thousands of others languishing behind bars for lesser crimes they committed? They too must be given, Presidential pardons.

The Minister said those who go all around the country staging demonstrations asking for a Presidential pardon for Fonseka must not forget the fact that there are thousands of others in prisons for lessor offences committed. IR, SM and DM

*************

Cinnamon exports meet demand

The local Cinnamon exports in 2009 has met 85 to 90 percent world market demand for Cinnamon, an answer tabled by Agriculture Minister Mahinda Yapa Abeywardena stated.

It said that 29,442 hectares were brought under Cinnamon cultivation in 2009 in Sri Lanka.

About 12,234 metric tons of cinnamon was exported during that year earning a revenue of Rs 8794 million.

It further stated that actual standards on cinnamon products have been prepared by Sri Lanka standards Institution in association with the Export Agriculture Department and other relevant institutions. The international standards Institution has also approved the adoption of those standards in the same manner. The answer was tabled at Parliament yesterday in response to a question raised by Hemal Gunasekara MP. IR, SM and DM